[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38985-38987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15753]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-822]


Methionine From Spain: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Affirmative Determination of Critical 
Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of methionine from Spain are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation July 1, 2019, through June 30, 2020. Further, Commerce 
determines that critical circumstances exist for the sole mandatory 
respondent Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) and for 
all other producers and exporters.

DATES: Applicable July 23, 2021.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4987.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
methionine from Spain, in which we also postponed the final 
determination until July 19, 2021.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination. A summary of the 
events that occurred since Commerce published the Preliminary 
Determination, may be found in the Issues and Decision Memorandum.\2\
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    \1\ See Methionine from Spain: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination and Extension of Provisional Measures, 86 FR 12614 
(March 4, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Methionine from Spain,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is methionine from Spain. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    During the course of this investigation, Commerce received no scope 
comments from interested parties. Therefore, Commerce is not modifying 
the scope language as it appeared in the Preliminary Determination. See 
Appendix I for the final scope of the investigation.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \3\ See Commerce's Letter, ``Remote Verification Questionnaire 
for Adisseo Espa[ntilde]a,'' dated March 29, 2021; see also Adisseo 
Espa[ntilde]a's Letter, ``Antidumping Investigation of Methionine 
from Spain: Response to the Department's Remote Verification 
Questionnaire,'' dated April 6, 2021.
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Changes Since Preliminary Determination

    Based on our analysis of the comments received and our findings 
related to our request for information in lieu of verification, we made 
certain changes to the margin calculations with respect to Adisseo 
Espa[ntilde]a, the sole mandatory respondent in this investigation. In 
light of these changes to the margin calculations and the resulting 
revised estimated weighted average dumping margin for Adisseo 
Espa[ntilde]a, we have also revised the all-others rate. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determined that critical circumstances did not 
exist for Adisseo Espa[ntilde]a or for all others.\4\ Commerce did not 
receive any comments in response to its preliminary determination with 
respect to critical circumstances. However, for this final 
determination, Commerce determines that critical circumstances exist, 
within the meaning of section 735(a)(3) of the Act and 19 CFR 351.206, 
for imports of methionine from Spain exported and/or produced by 
Adisseo Espa[ntilde]a and imports of methionine from Spain produced 
and/or exported by all other companies. For a full description of 
methodology and results of Commerce's final affirmative critical 
circumstances analyses, see Issues and Decision Memorandum.
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    \4\ For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see Preliminary 
Determination Memorandum at 4.
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Product Characteristics

    Commerce preliminary identified three criteria for the physical 
characteristics of the subject merchandise: (1) Type; (2) form; and (3) 
concentration level of methionine content.\5\ For this final 
determination, we made no changes to physical characteristics in our 
analysis. However, because Commerce made a change with respect to 
packaging characteristics in

[[Page 38986]]

the final determination of Methionine from Japan,\6\ if Commerce were 
to issue an antidumping duty order in this case, we expect to reexamine 
this issue during the first administrative review conducted in this 
proceeding.
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    \5\ See Commerce's Letter, ``Product Characteristics for Use in 
Sections B and C Questionnaire Responses of Methionine from Spain,'' 
dated September 25, 2020; see also Preliminary Determination PDM at 
12.
    \6\ See Methionine from Japan: Final Affirmative Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances (Methionine from Japan), and the accompanying 
Issues and Decision Memorandum at Comment 6.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    Commerce calculated an individual estimated weighted-average 
dumping margin for the sole mandatory respondent, Adisseo 
Espa[ntilde]a. Therefore, for the purposes of determining the all-
others rate, and pursuant to section 735(c)(5)(A) of the Act, we are 
using the dumping margin calculated for Adisseo Espa[ntilde]a, which is 
not zero, de minimis, or determined entirely under section 776 of the 
Act. For a full description of the methodology underlying Commerce's 
analysis, see the Issues and Decision Memorandum.

Final Determination

    Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                  Exporter and/ or producer                     dumping
                                                                margin
                                                               (percent)
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Adisseo Espa[ntilde]a S.A...................................       37.53
All Others..................................................       37.53
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Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of methionine from 
Spain, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after March 4, 2021, 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Section 735(c)(4) of the Act provides that if there is an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
later of: (a) The date which is 90 days before the date on which the 
suspension of liquidation was first ordered; or (b) the date on which 
notice of initiation of the investigation was published. As noted 
above, Commerce finds that critical circumstances exist for imports of 
subject merchandise produced and/or exported by Adisseo Espa[ntilde]a 
and by all other producers and exporters. Therefore, in accordance with 
section 735(c)(4) of the Act, suspension of liquidation shall continue 
to apply to unliquidated entries of subject merchandise produced and/or 
exported by Adisseo Espa[ntilde]a and by all other producers and 
exporters that were entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the date of 
publication of the Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, as follows: (1) The cash deposit rate for the respondent listed 
above will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of methionine from Spain no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, all cash deposits 
posted will be refunded, and suspension of liquidation will be lifted. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: July 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is methionine and 
dl-Hydroxy analogue of dl-methionine, also known as 2-

[[Page 38987]]

Hydroxy 4-(Methylthio) Butanoic acid (HMTBa), regardless of purity, 
particle size, grade, or physical form. Methionine has the chemical 
formula C<INF>5</INF>H<INF>11</INF>NO<INF>2</INF>S, liquid HMTBa has 
the chemical formula C<INF>5</INF>H<INF>10</INF>O<INF>3</INF>S, and 
dry HMTBa has the chemical formula 
(C<INF>5</INF>H<INF>9</INF>O<INF>3</INF>S)<INF>2</INF>Ca.
    Subject merchandise also includes methionine processed in a 
third country including, but not limited to, refining, converting 
from liquid to dry or dry to liquid form, or any other processing 
that would not otherwise remove the merchandise from the scope of 
this investigation if performed in the country of manufacture of the 
in-scope methionine or dl-Hydroxy analogue of dl-methionine.
    The scope also includes methionine that is commingled (i.e., 
mixed or combined) with methionine from sources not subject to this 
investigation. Only the subject component of such commingled 
products is covered by the scope of this investigation.
    Excluded from this investigation is United States Pharmacopoeia 
(USP) grade methionine. In order to qualify for this exclusion, USP 
grade methionine must meet or exceed all of the chemical, purity, 
performance, and labeling requirements of the United States 
Pharmacopeia and the National Formulary for USP grade methionine.
    Methionine is currently classified under subheadings 
2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Methionine has the Chemical Abstracts 
Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8 and 922-
50-9. While the HTSUS subheadings and CAS registry number are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Affirmative Determination of Critical Circumstances
V. Discussion of the Issues:
    a. Comment 1: Whether To Grant a Constructed Export Price Offset
    b. Comment 2: Whether Certain Sales Are Outside the Normal 
Course of Trade
    c. Comment 3: Whether To Recalculate Indirect Selling Expenses 
(ISE)
    d. Comment 4: Whether To Apply Adverse Facts Available (AFA) on 
Certain U.S.
    Sales Fields
VI. Recommendation

[FR Doc. 2021-15753 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P